Eviction threat to Old Delhi shops

Inderjeet Madan, the secretary of Waqf for Tenants’ Welfare Association, said according to Waqf Board laws that were last amended in 2015, the state Waqf has discretionary powers to grant lease from three years to 30 years.Neha Lalchandani | TNN | May 19, 2016, 11:00 IST

NEW DELHI: A tussle over lease has posed a huge threat to some of the oldest shops in the Fatehpuri area of Old Delhi. Around 119 shops, most of which were set up right after Partition and which come under the Waqf Board, are staring at eviction if they do not renew their lease by Thursday. The market federation, however, is insisting on a 30-year lease against the three years that is being offered by the Waqf Board.

Inderjeet Madan, the secretary of Waqf for Tenants’ Welfare Association, said according to Waqf Board laws that were last amended in 2015, the state Waqf has discretionary powers to grant lease from three years to 30 years.

“Earlier, our lease used to be for 11 months, but then we were made to pay large donations to the board, from a few lakhs to up to Rs 50 lakh. The shopkeepers even have receipts for this. When there is a provision of giving lease for 30 years, why is the Board adamant on three years,” said Madan, the owner of Continental Sports.

Hari Gidwani, a Delhi cricketer who owns Chaina Ram, probably one of Delhi’s oldest sweet shops, is one shopkeeper who will be impacted. The shop was started in 1901 in Lahore’s Anarkali Bazaar and moved to Fatehpuri after Partition.

Under the amendments, the rent for tenants have also gone up, though most say they have no problem paying the new amounts. In one case, for instance, the rent has increased from Rs 500 per month to Rs 11,000.

AAP MLA Amanatullah Khan, who is the new Waqf Board chairperson, said, “The rules specify that for shops, the lease can be granted for up to three years. Even if one were to accept that the rules allow for up to 30 years, it is the Board’s discretion. All those who renew their lease by Thursday are safe but after that, we will be forced to evict the shopkeepers.”

Shopkeepers are also relying on a report submitted by the standing committee on social justice and empowerment on ‘The Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014’, proposing that all occupants should be allowed to extend their lease for 30 years. This, however, is not a law yet though the report has been tabled in Parliament.

Currently, the Goods and Services Tax (GST) is levied at 12 per cent on payments made for under-construction property or ready-to-move-in flats where completion certificate has not been issued at the time of sale.